Odessa Sills v. First Student Inc.

Summary

The United States District Court for the Eastern District of Wisconsin denies Odessa Sills’s motion to proceed in forma pauperis in her Title VII retaliation action against First Student Inc. The court finds that Plaintiff is able to pay the filing fee and orders her to pay the full fee by March 5, 2026, warning that failure to do so will result in dismissal without prejudice.

Holdings

1. Sills was not indigent because her reported monthly income exceeded her expenses by at least $1,130, leaving her able to pay the one-time $405 filing fee.
2. Denial of in forma pauperis status does not itself terminate the action; the plaintiff must pay the required filing fee for the case to proceed.

Questions Presented

1. Whether Sills demonstrated sufficient indigence to proceed without prepaying the filing fee under 28 U.S.C. § 1915(a).
2. Whether denial of in forma pauperis status required dismissal of the action or instead required payment of the filing fee before the case could proceed.

Disposition

other